IN RE BRAGER

Bankruptcy No. 81-02612G, Adv. No. 82-1105G.

28 B.R. 966 (1983)

In re Benjamin BRAGER and Irma Brager, Debtors. Benjamin BRAGER and Irma Brager, Plaintiffs, v. Hershal BLUM and Helene Blum and Johanna Farms, Inc. and Frankford Quaker Grocery Co., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 20, 1983.


Attorney(s) appearing for the Case

Joseph S.U. Bodoff, Pincus, Verlin, Hahn, Reich & Goldstein, P.C., Philadelphia, Pa., for debtors/plaintiffs, Benjamin Brager and Irma Brager.

Jay G. Ochroch, Leonard P. Goldberger, Shelley V. Sodomsky, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for defendants, Herschel Blum and Helene Blum.

Barbara H. Sagar, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant, Johanna Farms, Inc.

Samuel M. Brodsky, Philadelphia, Pa., interim trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The threshold issue in the case sub judice is whether we can make a determination as to the secured status of a third lienholder's claim under section 506(a) of the Bankruptcy Code ("the Code") where no proof of claim has been filed (and subsequently allowed under section 502(a) of the Code) for said claim pursuant to section 501. We conclude that the filing of...

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